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Public Works Committee Packet - 5/18/2015 CITY OF MUSKEGO PUBLIC WORKS COMMITTEE AGENDA May 18, 2015 6:00 PM Aldermen’s Room – Upper Level of City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF MINUTES OF MEETING HELD APRIL 20, 2015 STATUS OF PROJECTS Discussion update. No formal action may be taken on any of the following: 1. Woods Road Bridge 2. 2015 Road Improvement Program/Penn Lane Construction 3. Jensen Park Lift Station Upgrade 4. Moorland Road Reconstruction 5. Bay Lane Alternatives Analysis UNFINISHED BUSINESS Discussion update and possible action may be taken on any or all of the following: 1. Review and update Department of Public Works fees 2. Review Refuse and Recycling collection contract options for 2016-2020 NEW BUSINESS Discussion update and possible action may be taken on any or all of the following: 1. Review request from Dan and Laura Rindfleisch for variance from ground water separation requirement 2. Discuss removal of speed humps on Muskego Drive in conjunction with Road Improvement Program 3. Discuss storm sewer on Lake Street/Wildwood Drive/Muskego Drive NEW BUSINESS PLACED ON FILE (The following items have been placed on file for staff review. Upon completion of review, staff will submit a supplement detailing options and possible course of action to committee members.) COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136. Unapproved CITY OF MUSKEGO PUBLIC WORKS COMMITTEE MINUTES April 20, 2015 6:00 PM Aldermen’s Room – Upper Level of City Hall, W182 S8200 Racine Avenue CALL TO ORDER Ald. Bob Hammel called the meeting to order at 6:03 PM. PLEDGE OF ALLEGIANCE Ald. Hammel led those present in the Pledge of Allegiance. ROLL CALL Ald. Hammel and Ald. Engelhardt were present. Ald. Wolfe absent. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with Open Meeting Laws. APPROVAL OF MINUTES HELD FEBRUARY 16, 2015 Alderman Engelhardt made a motion to approve February 16, 2015 minutes. Alderman Hammel seconded. Motion Passed 2 in favor. STATUS OF PROJECTS Discussion update. No formal action may be taken on any of the following: Woods Road Bridge 2015 Road Improvement Program / Penn Lane Construction Jensen Park Lift Station Upgrade Moorland Road Reconstruction UNFINISHED BUSINESS Discussion update and possible action may be taken on any or all of the following: NEW BUSINESS Discussion update and possible action may be taken on any or all of the following: Review Aster Hills Estates Developer's request for release from City staff comments Alderman Engelhardt made a motion to have Developer proceed with Engineering for the three lots. Developer agreement for City to reimburse the Developer construction cost for three lots. Finalize at Council meeting. Contact three lot owners to see if they want sanitary. Alderman Hammel seconded. Motion Passed 2 in favor. Review and approval of construction plans for Aster Hills Estates Alderman Engelhardt made a motion to approve the construction plans for Aster Hills Estates contingent upon completion of the final staff review comments. Alderman Hammel seconded. Motion Passed 2 in favor. Discuss Refuse and Recycling services for future contract bidding Review and update Department of Public Works fees Alderman Engelhardt made a motion to approve updated Department of Public Works fees as presented. Alderman Hammel seconded. Motion Passed 2 in favor. NEW BUSINESS PLACED ON FILE (The following items have been placed on file for staff review. Upon completion of review, staff will submit a supplement detailing options and possible course of action to committee members.) COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Alderman Engelhardt made a motion to adjourn at 7:45 PM. Alderman Hammel seconded. Motion Passed 2 in favor. CITY OF MUSKEGO Staff Report to Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Review and update Department of Public Works fees Date: April 17, 2015 The Department of Public Works provided services to certain residents within the City that are considered above and beyond a normal service that is offered to every resident through operating expenses. Examples of this would be culvert replacements, underdrain installation, or drive approach repairs. A list of rates is updated periodically and are approved by the Public Works Committee. We have revised the list from 2008 and have attached the proposed rates for 2015. One main topic of discussion is culvert replacement costs. We have calculated the actual cost of a 15” diameter x 20’ culvert replacement to be approximately $1,930.00. We have in the past charged base on culvert size but feel that a flat rate would be more equitable as a resident does not control the size of their culvert. The cost for a resident to hire a contractor would be approximately $3,000. I believe that we should offer a slight reduction to our actual cost, so perhaps a fee of $1,500 per 20’ long culvert would be a fair price. Recommendation for Action by Committee: Approve the attached price list. Page 1 of 1 Recommended Type of Work/Equipment/Labor 2008 Rate 2015 Rate Labor (per employee per hour)37.50$ 50.00$ Lawn Mowing (per hour)85.00$ 100.00$ Grading (per hour)80.00$ 100.00$ Patrol/Dump Truck (per hour)95.00$ 100.00$ Cruz Aire (per hour)100.00$ 105.00$ Camera Truck (per hour)90.00$ 110.00$ Vactor (per hour)105.00$ 110.00$ Endwalls Installed (pair)350.00$ 350.00$ Culvert Reset (each)450.00$ 750.00$ Culvert Permit Fee for New Culverts and All Commercial (each) 150.00$ Replacement Culverts with Endwalls 12" x 20'725.00$ 1,500.00$ Additional Footage (per ft)35.00$ 40.00$ Culvert Band (each)20.00$ 30.00$ 15" x 20'775.00$ 1,500.00$ Additional Footage (per ft)40.00$ 40.00$ Culvert Band (each)25.00$ 30.00$ 18" x 20'850.00$ 1,500.00$ Additional Footage (per ft)43.00$ 40.00$ Culvert Band (each)30.00$ 30.00$ 21" x 20'950.00$ 1,500.00$ Additional Footage (per ft)45.00$ 40.00$ Culvert Band (each)33.00$ 30.00$ 24" x 20'1,050.00$ 1,500.00$ Additional Footage (per ft)50.00$ 40.00$ Culvert Band (each)35.00$ 30.00$ Replacing Asphalt 12' x 20' Area with Culvert Replacements 200.00$ 12' x 20' Area without Culvert Replacement 350.00$ Additional over 12' x 20' (per ton)50.00$ Underdrain 4" Pipe (per foot)6.00$ 7.00$ Dual 4" Pipe (per foot)7.00$ 8.00$ Road Opening Permits 1/2 of road width 865.00$ 865.00$ Entire road width 1,265.00$ 1,265.00$ CITY OF MUSKEGO Staff Report to Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Refuse-Recycling Pickup and Transportation Contract Date: May 13, 2015 The City of Muskego’s current contract with Advanced Disposal (formally known as Veolia) will expire at the end of 2015. I have attached a first draft of the proposed bidding specifications/contract for review prior to bidding the project. I have been completing research into all of our options and in doing so spoke with the County about potentially joining their joint efforts related to recycling. They currently have a joint site that we could potentially join that would allow us to benefit from the revenue generated from the goods that come out of the recycling stream. In order to do so they asked that we pass the attached resolution, which in no way binds us to any obligations, it is just a fact finding step. Recommendation for Action by Committee: Recommend approval of the attached Resolution. Page 1 of 1 Resolution # Request for Information to Consider Joining the Waukesha County Recycling Program WHEREAS, under Chapter 287 Wisconsin Statutes, Waukesha County serves as the “Responsible Unit” for twenty-five (25) Municipalities, including compliance with the effective recycling program requirements under Chapter NR 542 Wis. Admin. Code, and; WHEREAS, the public/private partnership at the Waukesha County Material Recycling Facility (MRF) has allowed the County to provide recyclable processing, education programs, blue bins and drop-off boxes to the 25 communities at no cost, while distributing over $12 million in dividend payments to communities to help recover recyclable collection cost and reduce property taxes, and; WHEREAS, through state recycling grants, the Wisconsin Department of Natural Resources encourages recycling program efficiencies such as intergovernmental agreements and program consolidations, and; WHEREAS, starting in 2015, Waukesha County is planning for major changes to their recycling program, including switching to a single sort system, and; WHEREAS, not being an original partner in the Waukesha County coordinated recycling program, the City of Muskego is interested in additional information to consider joining the program. NOW, THEREFORE, BE IT RESOLVED, that the City of Muskego is requesting program information and a fiscal analysis regarding the possibility of joining the Waukesha County recycling program, including factors such as: financial assistance for recycling containers and direct hauling, meeting program educational requirements, processing and marketing of delivered recyclables, and administration of state grant funds. CITY OF MUSKEGO W182 S8200 RACINE AVENUE MUSKEGO, WI 53150 GENERAL CONTRACT PROVISIONS AND SPECIFICATIONS FOR REFUSE – PICKUP & TRANSPORTATION RECYCLING – PICKUP, TRANSPORT, & DISPOSAL FOR THE CITY OF MUSKEGO January 1, 2016 to December 31, 2020 (5 Year Contract) DRAFT May 11, 2015 CITY OF MUSKEGO WISCONSIN OFFICIAL NOTICE ADVERTISEMENT FOR QUOTES FOR REFUSE – PICKUP & TRANSPORT RECYCLING – PICKUP, TRANSPORT & DISPOSAL Sealed quotes will be received by the Clerk/Treasurer’s Office located at Muskego City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin 53150, no later than 2:00 PM on Monday, July 13, 2015, for: THE COLLECTION & HAULING OF MUNICIPAL SOLID WASTE AND COLLECTION, HAULING & DISPOSAL OF RECYCLABLES GENERATED IN THE CITY OF MUSKEGO FOR SERVICE TO BE OFFERED FROM JANUARY 1, 2016 THROUGH DECEMBER 31, 2020 The City of Muskego reserves the right to reject any or all quotes, options or proposals, to waive any technicality in any quote or part thereof submitted, to accept any quote or option in whole or in part or combination thereof and to accept or reject any quote or option in whole or in part or combination thereof or to negotiate changes thereto and to accept or reject any quote not accompanied with all data or information as called for in the specifications thereon as may be deemed to be in the best interest and most advantageous to the City of Muskego. No quote shall be withdrawn after the opening of quotes without consent of the City of Muskego for a period of sixty days from date of quote opening. The City of Muskego will entertain questions concerning this request for proposal by contacting David Simpson at 262-679-5686 or via email at dsimpson@cityofmuskego.org. Any pertinent information communicated at the pre-submission meeting will be distributed to all vendors by an amendment. All proposers must use this written document, its attachments, and the information supplied via potential amendments meeting as the sole basis for submitting a proposal. Copies of the general contract provisions and specifications may be obtained by applying to the Engineering Services Division by emailing dsimpson@cityofmuskego.org. All quotes must be sealed and addressed to the City of Muskego’s City Clerk/Treasurer Department, W182 S8200 Racine Avenue, Muskego, Wisconsin 53150. The envelope shall be clearly marked as a sealed quote and the name of the bidder in the lower left-hand corner. Published June 18th, 2015 David Simpson, Director of Public Works 2 CITY OF MUSKEGO SPECIFICATIONS FOR REFUSE – PICKUP & TRANSPORT RECYCLING – PICKUP, TRANSPORT & DISPOSAL FOR THE CITY OF MUSKEGO IMPORTANT: This specification packet must be returned in its entirety to the City of Muskego, City Clerk/Treasurer’s Department in the Office of the City Clerk no later than 2:00 PM on Monday, July 13, 2015. ATTENTION BIDDER: Instructions per this specification must be adhered to. Quotes not sealed and marked as specified and without signatures where called for, may be rejected. 3 CITY OF MUSKEGO CONTRACT THIS CONTRACT made this _____________ day of _____________, 2015, by and between Contractor Name To Be Filled In After Award, herein called the “Contractor” and the City of Muskego, Wisconsin, hereinafter called the “City”. WITNESSETH that the Contractor and the City, for the consideration stated herein, agree as follows: 1. COMPONENT PART OF THIS CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim or hereto attached: Definitions General Contract Provisions Payment Bond Specifications Performance Bond This Instrument Certificate of Insurance In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part(s) which follows it numerically, except as may be otherwise specifically stated. This contract is intended to conform in all parts to applicable statutes, rules, regulations and other laws of the State of Wisconsin, and any other reviewing governmental bodies or agencies, in effect both now and in the future, and if any other part or provisions of the contract conflicts therewith, the above-noted laws shall govern. 2. DEFINITIONS The following terms as used in these contract documents are respectively as follows: PROJECT – The entire area within the City limits of the City of Muskego, as may be amended from time to time, to be serviced in whole or in part pursuant to the contract within. CITY – (Also OWNER) The contracting party initiating the project as set forth in the contract acting through its authorized representatives in accordance with specific duties delegated to such representatives. CONTRACTOR – The person, persons, firm or corporation to whom the written contract is awarded by the City and who is subject to the terms of said contract. Also, the agents, employees, workmen or assignees of said Contractor. 4 SUBCONTRACTOR – A person, firm or corporation other than the Contractor, supplying labor and materials or labor only, on the work site of the project. WORK – All work including materials, labor supervision and use of tools necessary to complete the project in full compliance with the terms of the contract. ENGINEER – City Engineer and/or members of the Engineering staff appointed by the City. SURETY – The person, firm or corporation that has executed, as surety, the Contractor’s Payment and Performance Bond(s), securing the performance of the written contract. SMALL AMOUNTS – A measure or quantity of solid waste equal in volume to one (1) 32 gallon container or less and weighing less than 80 pounds per pickup. SINGLE -FAMILY DWELLING UNIT – A single residential unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. MULTI-FAMILY DWELLING UNIT– Any residential type structure having more than two families in separate dwelling units including condominiums and 3 and 4 family apartments. TWO-FAMILY DWELLING UNIT– Any residential structure housing two families in separate dwelling units. This includes single family attached. Generally speaking, there are two units in each structure. 3. SCOPE OF WORK The Contractor shall perform everything required to be performed and shall provide and furnish all labor and materials, tools, equipment and all utility and transportation services required for the weekly collection of all rubbish, garbage, and trash from residences in the City of Muskego, Wisconsin, the disposal thereof and the recycling activities as specified per this contract for a period of five (5) years all in accordance with these specifications. All non-recyclable rubbish, garbage and trash (solid waste) is required to be disposed of at the Emerald Park Landfill located at W124 S10629 124th Street, Muskego, WI 53150. The above disposal location requirement is pursuant to the landfill expansion agreement settled March 21, 2000, between the Superior Emerald Park Landfill Siting Committee and Superior Emerald Park Landfill, Inc. (now Advanced Disposal Services Emerald Park Landfill, LLC.). Under this agreement Advanced Disposal Services Emerald Park Landfill, LLC is obligated to accept certain municipal solid waste generated within the City of Muskego generally without charge and generally as set forth in Exhibit X attached hereto and made a part thereof. The specific contract documents are available upon request from the City of Muskego. 5 4. THE CONTRACT PRICE – WEEKLY REFUSE COLLECTION The City shall pay the Contractor for the performance of this contract, in current funds, at the following prices: a. SINGLE-FAMILY DWELLING UNIT (Includes commercial properties with living units) January 1, 2010 – December 31, 2010 Estimated 8,118 residences @ $____________ Per residence per year = $____________ b. TWO-FAMILY DWELLING UNIT (Includes commercial properties with living units) January 1, 2010 – December 31, 2010 Estimated 372 residences @ $ __________ Per unit per year = $ __________ c. MULTI-FAMILY DWELLING UNITS SIX UNITS AND UNDER (Includes commercial properties with living units) January 1, 2010 – December 31, 2010 Estimated 55 occupied units @ $ __________ Per unit per year = $ __________ d. MUTI-FAMILY DWELLING UNITS - OVER SIX UNITS January 1, 2010 – December 31, 2010 Estimated 825 occupied units @ $ _________ Per unit per year = $ _________ TOTAL OF a + b + c + d = $ ___________________ At the end of the first year of the original term (December 31, 2016) and at the end of each calendar year thereafter, the amount per residential unit payable during the next commencing annual period shall be adjusted in accordance with the change in the “Consumer Price Index” using the National CPI- U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index published on or about September 15, 2015, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commencing with 2016. In each case annually, at the end of each calendar year, the amount payable per residential unit shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2017. e. CONTAINERS AT CITY-OWNED LOCATIONS 6 January 1, 2016 – December 31, 2020 This work shall include the furnishing and weekly emptying of suitable containers at the following city-owned buildings: address # pick- ups/week # containers size dates months Muskego City Hall W182 S8200 Racine Avenue 1 1 6 yard 1/01 - 12/31 12 Muskego Police Dept. W183 S8150 Racine Avenue 1 1 8 yard 1/01 - 12/31 12 Muskego Public Library S73 W16663 Janesville Road 1 1 4 yard 1/01 - 12/31 12 Muskego City Garage W189 S8285 Mercury Drive 1 2 8 yard 1/01 - 12/31 12 as needed 1 30 yard 1/01-12/31 12 Payment for this item shall be included in the cost of items 4.(a) through (d) above and no extra payment will be made for this work. f. MUSKEGO CITY PARK FACILITIES address # pick- ups/week # containers size dates # of months Horn Field S79 W18200 Horn Park Drive 1 1 4 yard 1/01 - 12/31 12 Mill Valley W191 S6445 Hillendale Drive 1 2 4 yard 4/01 - 10/31 7 Manchester Hill Park W167 S7650 Parkland Drive 1 1 4 yard 1/01 - 12/31 12 Veterans Memorial Park W182 S8200 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 Baylane S75 W16399 Hilltop Drive 1 1 4 yard 4/01 - 8/31 5 Kurth Park S70 W14415 Belmont Drive 1 2 4 yard 1/01 - 12/31 12 Bluhm Farm Park S77 W13607 McShane Drive 1 2 4 yard 1/01 - 12/31 12 Big Muskego Launch S82 W13783 Durham Drive 1 1 4 yard 1/01 - 12/31 12 Boxhorn Launch S90 W13960 Boxhorn Drive 1 1 4 yard 1/01 - 12/31 12 Denoon Park W216 S10798 Crowbar Road 1 3 4 yard 1/01 - 12/31 12 Idle Isle Park W182 S6666 Hardtke Drive 2 2 4 yard 1/01 - 12/31 12 Park Arthur (future) S63 W17833 College Avenue 1 4 4 yard 1/01 - 12/31 12 Old Settlement Center W180 S8100 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 Moorland Park W154 S7105 Moorland Road 1 1 4 yard 1/01 – 12/31 12 Muskego Canal Boat Landing Highway 36 & Muskego Canal 1 1 4 yard 1/01 – 12/31 12 Total pick-ups/week & containers Payment for this item 4.(e) and (f) shall be included in the cost of items 4.(a) through (d) above and no extra payment will be made for this work. It is understood that if there are any additional parks created, that these requirements would be noted in the monthly report of additions/deletions. g. FIRE STATIONS address # pick- ups/week # containers size dates months 7 Tess Corners VFD - #1 W144 S6731 Tess Corners Dr. 1 1 4 yd. 1/01 – 12/31 12 Tess Corners VFD - #2 S100 W13444 Loomis Dr. 1 1 2 yd. 1/01 – 12/31 12 Tess Corners VFD - #3 S76 W17858 Janesville Road 1 1 4 yard 1/01 - 12/31 12 Tess Corners VFD - #4 W195 S10030 Racine Avenue 1 1 2 yard 1/01 - 12/31 12 Payment for this item shall be included in the cost of items 4.(a) through (d) above and no extra payment will be made for this work. MANDATORY ALTERNATE #1 MUSKEGO/NORWAY SCHOOL DISTRICT REFUSE: address # pick- ups/week # containers size dates months Lake Denoon School W216 S10586 Crowbar Rd. 3 1 8 yd. 1/01 – 12/31 12 Lakeview School 26335 Fries Lane, W.L. 1 1 8 yd. 1/01 – 12/31 12 Mill Valley School W191 S6445 Hillendale Dr. 1 1 8 yd. 1/01 – 12/31 12 Bay Lane School S75 W16399 Hilltop Dr. 3 2 8yd. 1/01 – 12/31 12 Tess Corners School W147 S6800 Durham Dr. 2 1 6 yd. 1/01 – 12/31 12 “ “ “ “ “ “ 1 1 2 yd. 1/01 – 12/31 12 Muskego Elem. School S75 W17476 Janesville Rd. 1 1 8 yd. 1/01 – 12/31 12 Muskego High School W183 S8750 Racine Avenue 3 1 8 yd. 1/01 – 12/31 12 “ “ “ “ “ “ 1 1 2 yd. 1/01 – 12/31 12 “ “ “ “ “ “ 5 1 8 yd. 1/01 – 12/31 12 RECYCLING: address # pick- ups/week # containers size dates months Lake Denoon School W216 S10586 Crowbar Rd. 1 1 8 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 3 95 Gal. toter 1/01-12/31 12 Lakeview School 26335 Fries Lane, W.L. 1 1 6 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 1 95 Gal. toter 1/01-12/31 12 Mill Valley School W191 S6445 Hillendale Dr. biweekly 1 4 yd. 1/01-12/31 12 “ “ “ “ “ “ biweekly 1 95 Gal. toter 1/01-12/31 12 Bay Lane School S75 W16399 Hilltop Dr. 1 1 8yd. 1/01-12/31 12 “ “ “ “ “ “ 1 1 4 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 3 95 Gal. toter 1/01-12/31 12 Tess Corners School W147 S6800 Durham Dr. 1 1 4 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 2 95 Gal. toter 1/01-12/31 12 Muskego Elem. School S75 W17476 Janesville Rd. b-weekly 1 2 yd. 1/01-12/31 12 “ “ “ “ “ “ biweekly 1 95 Gal. toter 1/01-12/31 12 Muskego High School W183 S8750 Racine Avenue 2 1 8 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 6 95 Gal. Toter 1/01-12-31 12 Total Cost Refuse & Recycling for Schools: $_____________________ 8 At the end of the first year of the original term (December 31, 2016) and at the end of each calendar year thereafter, the amount payable during the next commencing annual period shall be adjusted in accordance with the change in the “Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index published on or about September 15, 2015, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commencing with 2016. In each case annually, at the end of each calendar year, the amount payable shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2017. i. FESTIVAL REQUIREMENTS The Contractor shall provide up to four (4) 30 yard roll-off containers for use during the City of Muskego’s Community Festival which is held the last weekend before Labor Day. Delivery shall be no later than 12:00 noon on the Friday preceding. At lest one (1) container shall remain for festival cleanup through the Tuesday after the festival. Payment for this item shall be included in the cost of items 4.(a) through (d) above and no extra payment will be made for this work. j. PROSECUTION OF CONTRACT The Contractor agrees to commence work under this contract on January 1, 2016. The foregoing quantities of items are approximately only and payment will be made only on the actual quantities of work completed, measured on the basis defined in the Contract Specifications and at unit prices as stated previously. 5. SPECIFICATIONS a. PURPOSE The purpose of this contract is to effect the removal of all garbage, trash, refuse, rubbish, and other disposal items (municipal solid waste) from the residences (single-multi family) and City-owned buildings in the City of Muskego and to dispose of same. Included therein, not limited by, is the below list of items: 1. Bagged, tied or sealed garbage. 2. Small appliances (toasters, radios, etc.). 3. Small furniture (3’x 5’or smaller). 4. Small amounts of stone, rubble, earth, and sod – in containers. 5. Small auto parts if in containers (mufflers, etc.) other than within cardboard boxes. 6. Minor construction debris – limit one 32-gallon container or equivalent. 7. Non-recyclable plastic and foam materials. 8. One (1) tire per week per residence. 9. Large furniture (residents must contact Contractor for pickup) 9 10. Large appliances (washers, dryers, refrigerators, etc.) (residents must contact Contractor for pickup) 11. Christmas Trees The following items need not be picked up: 1. Large amounts of stone, concrete, rubble, earth or sod. 2. Containers over 32 gallons and/or over 80 pounds. 3. Construction debris except as noted in #6 above. 4. Large auto parts (engine blocks, heads, fenders). 5. Toxic or hazardous waste. 6. Motor Oil. 7. Grass clippings. 8. Brush & Leaves (Small amounts of yard waste, brush and leaves commingled with normal household refuse shall be deemed acceptable) 9. All recyclable materials. 10. Automobile Batteries b. MIXED REFUSE The Contractor has the right to refuse to pick up refuse if it contains large amounts of recyclable material. In such cases, the contractor shall notify the generator by affixing a notice to the material container and shall notify the City of Muskego Public Works Department on a weekly basis of the addresses involved. c. CONTAINERS All refuse placed in containers of not more than 32 gallons capacity shall be picked up. No containers weighing more than 80 pounds need be picked up. Containers shall have tapered sides for easy removal. Cardboard-type containers are not acceptable. Contractor shall instruct employees to return all containers to point of pickup in an orderly manner and in an upright condition with cover placed on top. All containers shall be returned to the cart if carts are provided by the residents. Contractors are alerted that more than one type of container may already be owned by various condominium associations and the Contractor will be responsible for emptying the containers previously in use regardless of type. Some condominiums may choose to have individual unit containers (garbage cans). d. TIME AND LOCATION OF PICKUP The aforementioned refuse shall be removed by the Contractor at regular intervals by calling at each place of residence once a week. All pickups shall be on a regularly scheduled basis with each unit being served on the same day of each week and approximately the same time of day unless adjustments in the schedule are approved by the Superintendent of Public Works or his authorized representative. All pickups shall be between the hours of 7:00 a.m. and 6:00 p.m. All refuse shall be picked up at the driveway entrance within five (5) feet of the curb line or edge of street or road. 10 e. UNDERCONSTRUCTED ROADS Collection of refuse/recycling on underconstructed roadways, alleys, and light vehicle side streets shall be collected with light weight vehicles that will not cause damage or significant wear to the under-constructed roads. These vehicles shall be smaller than or equivalent to the weight of a standard half-ton pickup truck. Collection in these areas shall be similar to 5 d. above. Contactor shall receive no additional compensation other than that in 4 a. through d. above. See attached map which shows all current roadways for which this section applies. f. MAP Contractor shall provide refuse/recycling pick up in accordance with the current schedule of pickup for the period of January 1, 2010 to March 31, 2010. Within thirty (30) days of the commencement of the contract, the Contractor shall submit a proposed route schedule map to the City for approval. No changes to this map will be permitted without written City approval. g. WEBSITE Contractor shall create, maintain and operate a refuse/recycling pick up webpage (note that all recycling information is only required if awarded recycling alternate) dedicated to informing the residents of the City of Muskego of all pertinent information regarding the refuse/recycling pick up program. This webpage shall include at a minimum the following information: i. Recycling and refuse collection route maps ii. Contact information for complaints, questions, and concerns which shall include name/s, phone number, fax number, address, and e-mail address iii. What and how to recycle information iv. Information related to pick-up schedules being affected by holidays v. Information related to the yard waste drop off site/s Payment for this item shall be included in the cost of items 4.(a) through (d) and no extra payment will be made for this work. h. COMPLAINTS Complaints on pickups shall be handled as follows: Complaints shall be directed directly to the appropriate contact person designated by the Contractor. Should the complaint remain unresolved, the Superintendent, or his designee, shall notify Contractor as soon as possible. It is expected that complaints, determined by the Public Works Superintendent to require action and thus received by the Contractor, will be handled on the day received. The Contractor will be charged $50.00 each day for each day’s complaints not handled within the prescribed time. Complaints shall be logged and available for inspection by the City upon request. 11 i. HANDICAP PRIVILEGES The City will provide the Contractor with a list of properties that have been given Handicap Privileges whereby the Contractor will pickup refuse/recycling at the end of their garage. Proof of handicap is required by the City and kept on record in the office of the Superintendent of Public Works. Updates will be given to the Contractor on an as needed basis. j. BASIS FOR PAYMENT 1. Single, Two-Family and Multi-Family Units (Six Units and Under and Over Six Units). Single, two-family and multi-family residential payments shall be made on the basis of a unit cost per residence, the number of residences to be determined by the number of residences as of January 1, 2010, and adjusted on a monthly basis with a report generated by the City of Muskego and transmitted to the Contractor showing the number of occupancy permits, as well as disconnects as a result of nonuse of a building, issued by the City for the previous month. 2. Combined Commercial & Residential Units In instances where there is a single family residence in combination with a commercial or business establishment, pickup from the residence shall be limited to not more than the equivalent of four 32 gallon garbage cans per week. For needs exceeding that noted above, arrangements are to be made with the individual concerned for private disposal service at which time the residential service will be discontinued. The contractor will be notified monthly of each service reduction. 6. RESIDENTIAL & CITY FACILITIES CURBSIDE RECYCLING AND PROCESSING A. In addition to the collection and transportation to Veolia ES Emerald Park Landfill, for disposal of household refuse, the Contractor shall collect at curbside and provide the processing for the following recyclable materials: 1. Clear, brown and green glass 2. Tin cans 3. Bi-Metal cans 4. Newspaper 5. Aluminum 6. Plastic containers 7. Magazines 8. Foam P.S. packaging 9. Cardboard B. Recyclables will be placed at curbside using the existing 64-gallon cart/s previously furnished by the City of Muskego. Contractor shall supply all new and additional customers a 64- gallon cart similar in fashion to the style previously supplied to the City, as determined by the Superintendent of Public Works. The containers shall be the same style and color as 12 the existing containers and shall read “ The City of Muskego Recycles”. No additional language or advertising will be allowed on the containers without written permission from the City of Muskego. All carts previously provided that become damaged due to normal “wear and tear” shall be replaced at the Contractor’s expense. C. Contractor to supply 18-gallon recycling bins to Condominiums in lieu of the 64-gallon recycling cart where and in an amount as determined by the Superintendent of Public Works for the City of Muskego. D. Additions and Deletions: The City of Muskego reserves the right to add or delete recyclable items in accordance with state and federal law and to add or delete them from the collection service provided under this contract. No additional payment shall be made for said additions or deletions. Written notice shall be provided to the contractor of such additions or deletions and to the service recipients by the City of Muskego. E. Upon collection, all recyclables will become the property of the Contractor if being disposed at contractor’s facility and all revenues received from the proper sale and processing of said recyclables shall be retained by the Contactor. No recyclables shall be disposed of in a landfill or similar disposal site or in any illegal manner. F. Recycling Program – Contractor shall, at its sole cost, reimburse the City for it’s share of a newsletter insert on Recycling in conjunction with the City’s newsletter, which is now included with the Muskego Parks & Recreation Program Guide, three times per year, or a lesser frequency determined by the City. In addition to the cost of publishing, contractor shall pay 50% of the cost of distribution of the combined City Muskego Parks & Recreation Program Guide with the Recycling insert. This cost will vary from year to year, but the approximate total cost for the year 2015 will be approximately $3,500. MANDATORY ALTERNATE #2 1. THE CONTRACT PRICE FOR BI-WEEKLY PICKUP OF RECYCLABLES TO BE TRANSPORTED TO SELECTED CONTRACTOR’S VENDOR a. SINGLE-FAMILY DWELLING UNITS January 1, 2010 – December 31, 2010 Estimated 7,860 residences @ $ _________________ Per residence per year = $ _________________ b. TWO-FAMILY DWELLING UNITS January 1, 2010 – December 31, 2010 Estimated 376 residences @ $ ________________ Per unit per year = $ ________________ c. MULTI-FAMILY DWELLING UNITS SIX UNITS AND UNDER January 1, 2010 – December 31, 2010 Estimated 70 occupied units @ $ ________________ Per unit per year = $ _______________ d. MUTI-FAMILY DWELLING UNITS OVER SIX UNITS January 1, 2010 – December 31, 2010 13 Estimated 837 occupied units @ $ ______________ Per unit per year = $ ______________ TOTAL OF a + b +c + d = $ _____________________ At the end of the first year of the original term (December 31, 2010) and at the end of each calendar year thereafter, the amount per residential unit payable during the next commencing annual period shall be adjusted in accordance with the change in the “Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index published on or about September 15, 2009, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commending with 2010. In each case annually, at the end of each calendar year, the amount payable per residential unit shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2011. MANDATORY ALTERNATE #3 2. THE CONTRACT PRICE FOR MONTHLY PICKUP OF RECYCLABLES TO BE TRANSPORTED TO SELECTED CONTRACTOR’S VENDOR a. SINGLE-FAMILY DWELLING UNITS January 1, 2010 – December 31, 2010 Estimated 7,860 residences @ $______________ Per residence per year = $ _____________ b. TWO-FAMILY DWELLING UNITS January 1, 2010 – December 31, 2010 Estimated 376 residences @ $ ______________ Per unit per year = $ ______________ c. MULTI-FAMILY DWELLING UNITS - SIX UNITS AND UNDER January 1, 2010 – December 31, 2010 Estimated 70 occupied units @ $ _______________ Per unit per year = $ ________________ d. MUTI-FAMILY DWELLING UNITS - OVER SIX UNITS January 1, 2010 – December 31, 2010 Estimated 837 occupied units @ $ _______________ Per unit per year = $ _______________ TOTAL OF a + b +c + d = $ ____________________ At the end of the first year of the original term (December 31, 2010) and at the end of each calendar year thereafter, the amount per residential unit payable during the next commencing annual period shall be adjusted in accordance with the change in the “Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index 14 published on or about September 15, 2009, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commending with 2010. In each case annually, at the end of each calendar year, the amount payable per residential unit shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2011. 3. CONTAINERS AT CITY-OWNED LOCATIONS January 1, 2010 – December 31, 2014 This work shall include the furnishing and emptying of suitable containers at the following city-owned buildings: address # pick- ups/week # containers size dates months Muskego City Hall W182 S8200 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 “ “ 1 toter 64 gal “ 12 Muskego Police Dept. W183 S8150 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal “ “ Muskego Public Library S73 W16663 Janesville Road 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal “ “ Muskego City Garage W189 S8285 Mercury Drive 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal “ 12 Payment for this item shall be included in the cost of Alternate Items #2 or #3 depending upon which is awarded, above and no extra payment will be made for this work. MUSKEGO CITY PARK FACILITIES address # pick- ups/week # containers size dates # of months Horn Field S79 W18200 Horn Park Drive 1 1 2 yd 1/01 - 12/31 12 Manchester Hill Park W167 S7650 Parkland Drive 1 1 2 yd 1/01 - 12/31 12 Veterans Memorial Park W182 S8200 Racine Avenue 1 1 2 yd 1/01 - 12/31 12 Bluhm Farm Park S77 W13607 McShane Drive 1 2 2 yd 1/01 - 12/31 12 Big Muskego Launch S82 W13783 Durham Drive 1 1 2 yd 1/01 - 12/31 12 Boxhorn Launch S90 W13960 Boxhorn Drive 1 1 2 yd 1/01 - 12/31 12 Denoon Park W216 S10798 Crowbar Road 1 3 2 yd 1/01 - 12/31 12 Idle Isle Park W182 S6666 Hardtke Drive 2 2 2 yd 1/01 - 12/31 12 Park Arthur (future) S63 W17833 College Avenue 1 4 2 yd 1/01 - 12/31 12 Old Settlement Center W180 S8100 Racine Avenue 1 1 2 yd 1/01 - 12/31 12 Moorland Park W154 S7105 Moorland Road 1 1 2 yd 1/01 – 12/31 12 Total pick-ups/week & containers 12 18 Payment for this item shall be included in the cost of Alternate Items #2 or #3 depending upon which is awarded, above and no extra payment will be made for this work. 15 FIRE STATIONS address # pick- ups/week # containers size dates months Tess Corners VFD - #1 W144 S6731 Tess Corners Dr. 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal. “ “ Tess Corners VFD - #2 S100 W13444 Loomis Dr. 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal. “ “ Tess Corners VFD - #3 S76 W17858 Janesville Road 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal. “ “ Tess Corners VFD - #4 W195 S10030 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal. “ “ Payment for this item shall be included in the cost of Alternate Items #2 or #3 depending upon which is awarded, above and no extra payment will be made for this work. 8. YARD WASTE DROP OFF SITE/S MANDATORY ALTERNATE #4 ONE (1) YARD WASTE DROP OFF SITE Contractor shall furnish a location in the City of Muskego for Saturday residential yard waste drop-off. Hours of operation shall be from 7:00am to 2:00p.m. every Saturday from the first Saturday in March to the second Saturday of December. Contractor shall be allowed to close the yard waste site for three (3) predetermined holidays/occasions per year. These closing must be posted at the site at a minimum of three (3) weeks prior to the closure as well as on the web- site. The site shall be agreed upon by Contractor and City of Muskego and located within one (1) mile of the intersection of Janesville Road and Lannon Drive. Contractor shall furnish the suitable containers to accommodate yard waste. Yearly cost for drop-off center for yard waste Alternate #4: $ _______________ 9. REPORTING REQUIREMENTS The Contractor is required to maintain records and report in writing to the City of Muskego at least semi-annually (July 5 for current year and January 15 for previous year). Reports shall include: the amount of recyclables collected and transported from the municipality (in tons); the amount of recyclables processed and/or marketed by item type from the municipality; gross revenues received by the Contractor from its sale of recyclables collected under the agreement by item type; and the final disposal location of recyclable material. The determination of these various volumes and/or weights or recyclable materials may be done using the State of Wisconsin Department of Natural Resources “Guidance for Determining Weights and/or Volumes of Recyclable Materials”, latest revision. Failure to report shall be cause for the municipality to revoke any license or terminate any contract with the Contractor. The City shall have the right to inspect all records of Contractor pertaining to required report subject to and including records from any disposal site or processing facility operator utilized by the Contractor. 10. SUMMARY OF COSTS: 16 Summary costs of all items:: 1. Weekly refuse collection (4. a. through d.) $ ________________ 2. Mandatory Alternate #1- School District $___________ _____ 3. Mandatory Alternate #2- Recycling Bi-Weekly $ ________________ 4. Mandatory Alternate #3- Recycling Monthly $_________________ 5. Mandatory Alternate #4- One Yard Waste Drop Off Site $_________________ 6. Mandatory Alternate #5- Two Yard Waste Drop Off Sites $_________________ 11. ALTERNATE METHODS The City of Muskego is willing to explore additional alternate methods for the collection of curbside refuse and/or recyclables and the proper disposal and recycling of same. Contractors having a methodology not described herein may, as Alternate #6, include a description complete with appropriate costs on company letterhead and attach to this bid at the time of submittal. 12. CONTRACT SECURITY The Contractor shall furnish surety Performance bond(s) in the amount equal to the value of the base contract including any alternate additions or deductions for the period January 1, 2010 to December 31, 2014, as security for the faithful performance of the contract. This bond may be renewed on not less than a yearly basis in amounts equal to the base contract value for the year of renewal. All Surety Bond(s) shall be on the forms provided in the specifications. Irrevocable Letters of Credit may be approved, but only in a form acceptable to the City. 13. CONTRACTOR’S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance required under this subsection and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on his sub-contract until all similar insurance required of the subcontractor has been approved. All Certificates of Insurance shall be submitted on the forms provided in the specifications. ACORD © forms will not be allowed. Worker’s Compensation Insurance The Contractor shall take out and maintain during the life of this contract and before any work is commences, Worker’s Compensation Insurance for all of his employees employed on the project and in case any work is sublet, the contractor shall require the sub-contractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. In any case any class of employees engaged in work under this contract at the site of the project is not protected under the Worker’s Compensation Statute, the Contractor shall provide Employer’s Liability Insurance for the protection of his employees not protected by the Worker’s Compensation Statute. Liability Insurance 17 Contractor shall provide coverage for not less than the following amounts, or greater where required by Law or Regulations: 1. Workers’ Compensation and related coverages: a. State Statutory b. Applicable Federal (e.g., Longshoreman’s) Statutory c. Employer’s Liability $100,000/500,000/100,000 2. Contractor’s General Liability shall include Premises-Operations: Independent Contractors’ Protection; Products Liability and Completed Operations; “Broad Form Property Damage; Blanket Contractual Coverage: a. General Aggregate (per project) $2,000,000 (Except Products-Completed Operations): b. Products-Completed Operations Aggregate $2,000,000 per Project): c. Personal and Advertising Injury $2,000,000 per Occurrence) d. Each Occurrence $2,000,000 (Bodily Injury and Property Damage): e. Medical Expense (per Person); $5,000 f. Fire Damage: $50,000 g. Personal Injury Liability Coverage will include Claims arising out of Employment. h. Exclusions of Coverage for Property in Contractor’s Care, Custody or control will be eliminated. i. Property Damage Liability Insurance will provide coverage for Explosion, Coverage and Underground Damage. 3. Automobile Liability: a. A combined single limit for bodily injury and property damages of: $2,000,000 4. The Contractual Liability coverage shall provide coverage for not less than the following amounts a. Bodily Injury: Each Accident: $2,000,000 Annual Aggregate: $2,000,000 b. Property Damage Each Accident: $2,000,000 Annual Aggregate: $2,000,000 5. General Liability and CONTRACTOR’s liability coverage shall be written on an occurrence. 6. Liability coverage for OWNER and others listed will be provided (does not apply to professional liability): 18 a. By endorsement as additional insureds on Contractor’s General Liability, Auto Liability, and Umbrella policies. b. Name and address of persons or entities to list as additional insureds under the required liability policies: City of Muskego W182 S8200 Racine Avenue P.O. Box 0749 Muskego, WI 53150-0749 7. Excess Liability (Umbrella): General Aggregate: $5,000,000 Each Occurrence $5,000,000 The Contractor shall file a certificate of insurance containing a thirty (30) day prior notice of cancellation, in a form and content acceptable to the City. 14. PROOF OF CARRYING INSURANCE The Contractor shall furnish the City with satisfactory proof of carriage of the insurance required with a reliable company or companies with an A.M.Best rating of A- or better, before commencing any work. Such proof shall consist of a certificate executed by the respective insurance companies and filed with the City. The Contractor shall also submit the original insurance policies for inspection and approval of the City before work is commenced. Said insurance shall not thereafter be canceled, permitted to expire or be changed without written notice of at least thirty (30) days in advance to the City and consented to by the City. 15. PERMITS AND COMPLIANCE WITH LAWS The Contractor shall procure and pay for all permits, licenses and bonds necessary for the prosecution of the work required by Municipal, State and Federal regulations and laws, unless specifically provided otherwise in the contract specifications. The Contractor shall give all notices, pay all fees and comply with all Federal, State and Municipal Laws, ordinances, rules and regulations and codes bearing on the conduct of the work. This contract as to all matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all pertinent ordinances of the municipality within whose limits the work is performed, which ordinances are hereby made a part hereof with the same force and effect as if specifically set out herein. 16. SUB-CONTRACTS The Contractor shall not subcontract any of the Contractor’s obligations under this contract without the written consent of the City. The Contractor agrees to be fully responsible to the City for the acts of omissions of his sub-contractors and of anyone employed directly or indirectly by him or them and this contract obligation shall be in addition to the liability imposed by law upon the Contractor. 19 Nothing contained in the contract documents shall create any contractual relationship between any sub-contractor and the City. The Contractor agrees to bind every sub-contractor (and every sub-contractor of a sub- contractor) by the terms of this Contract as far as applicable to his work, unless specifically noted to the contrary in a sub-contract approved in writing as adequate by the City. All subcontracts approved by the City shall be accompanied by a Surety Payment Bond(s) on the forms attached to the Specifications and shall be equal to the full amount of the Subcontract. Surety Payment Bond (s) shall be renewed at intervals of not less than once per year. 17. ASSIGNMENT OF CONTRACT No assignment by the Contractor of any principal contract or any part thereof or the funds to be received thereunder by the Contractor, will be recognized unless such assignments has had written approval of the City and the Surety has been given due notice of such assignment and has furnished written consent thereto. Such written approval by the City shall not relieve the Contractor of the obligations incurred by him under the terms of this contract. In addition to the usual recitals in assignment contracts, the following language must be set forth: “It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms or corporations rendering such services or supplying such materials.” Assignment for the purposes of this contract shall also mean sale of the Contractor’s business to other than its current principal owners and/or stockholders. 18. SUPERINTENDENCE The Contractor shall give his personal superintendence to the work or have available at all times, a competent foreman, superintendent or other representative satisfactory to the City and having authority to act for the Contractor. Insofar as it is practicable and excepting in the event of discharge by the Contractor or in the event of proven incompetence, the individual who has been accepted to represent the Contractor shall so act, and shall follow without delay instructions of the Public Works Superintendent in the prosecution of the work in conformity with the Contract. 19. USE OF JOB SITE The Contractor shall confine his equipment, apparatus, the storage of materials and operations of his workmen to limits indicated by law, ordinances, permits or direction by the City and shall not encumber the premises with his materials. The Contractor shall not load or permit any part of a structure to be loaded with a weight that will endanger its safety. 20 20. USE OF PRIVATE LAND The Contractor shall not use any vacant lot or private land within the City of Muskego as a spoil site without written authorization of the owner of the land (or his agent) and approval by the City. A copy of the authorization shall be filed with the owner for his approval. 21. LABOR The Contractor shall employ none but competent and skilled workmen and foremen in the conduct of work on this contract. The City shall have the authority to order the removal of any Contractor’s employee who refuses or neglects to obey any of its instructions, or those of the Superintendent of Public Works or his designee relating to the carrying out of the provisions and intent of the provisions of the contract, or who is incompetent, unfaithful, elusive, threatening or disorderly in his conduct and any such person shall not again be employed on this project. Contractor agrees to indemnify and hold harmless the City of Muskego from suits resulting in removal of workers for reasons listed above. 22. DAMAGE The Contractor will be responsible for any and all damage to property, public or private, that may be caused by its operations in the performance of this contract, and the contractor shall defend any suit that may be brought against itself or the City and its agents, representatives and employees on account of damage inflicted by his operations and shall pay any judgments awarded to cover such damage. The Contractor shall defend any claims, hold the City and its agents, representatives and employees harmless from any liability, and indemnify the City and its agents, representatives and employees for any loss arising out of or occasioned by the Contractor’s performance of this contract. Said defense shall be at no cost to the City of Muskego and its agents, representatives and employees. 23. PAYMENTS The Contractor may submit periodically, but not more than once each month, a request for payment for work done. The Contractor shall furnish the City Clerk/Treasurer all reasonable facilities required from any liability, and indemnify the City for any loss arising out of or occasioned by the Contractor’s performance of this contract. 24. DEDUCTION FOR UNCORRECTED WORK If the City deems it expedient to accept work not done in accordance with the contract, an equitable adjustment will be made with proper deduction from the contract price for unsatisfactory work. Unsatisfactory work shall include but not be limited to: a. Failure of the Contractor to make the necessary collections. b. Failure of the Contractor to respond to complaints to the satisfaction of the owner. c. Failure of the contractor to follow-up on “missed” pickups. d. Failure of the contractor to make pickups on the scheduled day. e. Failure of the contractor to properly process recyclables. f. Failure of the contractor to properly transport recyclables or MSW. 21 Claims for damage filed against the Contractor by the City shall be handled expeditiously by the contractor. If he fails to do so, the City maintains the right to withhold funds from the contractor and pay claims if the City determines the claims are warranted and justified. 25. TERMINATION OF CONTRACT The City of Muskego’s Common Council may terminate this contract at any time upon the proper showing that the services of the Contractor are not satisfactory, or upon failure of the Contractor to adhere to this contract. The action of the Common Council shall be conclusively presumed to be based upon facts supporting said action and shall be binding upon the parties hereto. 26. CITY’S RIGHT TO DO WORK Contractor shall have sufficient equipment and manpower available to continue regular pickups in case of breakdown of equipment, resignation of men or inclement weather. If the Contractor neglects to prosecute the work to be performed on this contract, the City, after three days written notice to the Contractor and his surety, may without prejudice to any other remedy the City may have, make good such deficiencies and may deduct the cost thereof from the payment due the Contractor. 27. EXTENTION OF CONTRACT This contract shall automatically renew for one additional year from January 1, 2015 to December 31, 2015 unless written notice is given by either party to the other at least Ninety(90) days prior to the end of the original contract date of December 31, 2014 terminating the contract as of December 31, 2014. All terms of the original contract shall remain in full force and effect with the contract price to continue with only a CPI (Consumer Price Index) increase or decrease as set forth in this contract. 28. ROLL OFF CONTAINERS The City of Muskego and Muskego Norway School District shall each be allowed additional Thirty (30) Yard capacity containers to be delivered and picked up by Contractor at request of City or School District. Said containers shall be billed at a rate of $250.00 per container. All terms of the original contract shall remain in full force and effect with the exception of the contract price for this item. The contract price for this item shall not increase or decrease with the CPI (Consumer Price Index) as set forth in this contract. 29. FLOURESCENT TUBE RECYCLING The Contractor shall provide fluorescent tube recycling at intervals to be mutually accepted by and between the Contractor and Muskego Norway School District. Upon collection, all recyclables will become the property of the Contractor if being disposed at contractor’s facility and all revenues received from the proper sale and processing of said recyclables shall be retained by the Contactor. No recyclables shall be disposed of in a landfill or similar disposal site or in any illegal manner. The cost for recycling shall be paid in accordance with Section 23-Payments for the following items: 22 1. $0.15/lamp – Incandescents 2. $0.17/lamp - 4' and under straight fluorescents 3. $0.32/lamp - 5' and over straight Fluorescent lamps 4. $0.35/lamp - compact, circular, u-shaped lamps 5. $0.85/lamp - HID lamps (mercury vapor, sodium, etc) 6. $0.45/pound - broken lamps 7. $0.39/pound - PCB and non PCB ballast recycling At the end of the first year of the original term (December 31, 2010) and at the end of each calendar year thereafter, the amount per unit payable during the next commencing annual period shall be adjusted in accordance with the change in the “Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index published on or about September 15, 2009, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commending with 2010. In each case annually, at the end of each calendar year, the amount payable per unit shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2011. 23 IN WITNESS WHEREOF, the said CONTRACTOR has caused this instrument to be executed, in the case of an individual by personal signature, in the case of a partnership by the signatures of the members thereof, in the case of a cooperative or a corporation by the proper officers thereof, and the said CITY has caused it to be executed by its Mayor and countersigned by its City Clerk/Treasurer upon authority duly given therefore. IN PRESENCE OF: ______________________________ ___________________________________ (SEAL) ______________________________ ___________________________________ PRESIDENT (SEAL) ______________________________ ___________________________________ SECRETARY (SEAL) CITY OF MUSKEGO _____________________________ _____________________________________ MAYOR JOHN JOHNSON COUNTERSIGNED: _____________________________ _____________________________________ CITY CLERK/TREASURER JANICE MOYER APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY DONALD S. MOLTER, JR. NOTE: When executed by an individual or partnership, signature should be under seal and witnessed by two persons. When executed by corporation or cooperative, contract should be signed by President and Secretary thereof and corporate seal affixed. 24 CERTIFICATE TO BE EXECUTED IF CONTRACTOR IS A CORPORATION I, ____________________________________________________________________________ certify that I am the______________________________________________________ of the corporation named as Contractor hereinabove; that _____________________________ ___________________________________________, who signed the foregoing contract on behalf of the Contractor was then ________________________________________________ of said Corporation; thence said contract was duly signed for in behalf of said Corporation by authority of the Governing Body and is within the scope of its corporate powers. _________________________________________ (CORPORATE SEAL) 25 INSTRUCTIONS FOR EXECUTION OF PERFORMANCE BOND INSTRUCTIONS The penal amount of the Performance Bond(s) for a unit price Contract shall be the summation of the correct and checked extension of the unit prices with the estimated number of units. The form of bonds attached hereto shall be used for each contract. This form contemplates one corporate surety only. In case co-sureties will be furnished, proper forms therefore shall be obtained. If the principal is an individual, his full Christian name and residence shall be inserted in the body thereof, and he shall sign the bond with is usual signature on the line opposite the scroll seal. If the principals are partners, their individual names shall appear in the body of the bond, with the recital that they are partners composing a firm, naming it. If the principal is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal as indicated in the form. If the corporation has no corporate seal, the fact shall be stated in which case a scroll of adhesive seal shall appear following the corporate name. This also applies to execution by the surety. The date of the bond(s) must not be prior to the date of the contract for which it is given. A Power of Attorney authorizing the execution of the Bond by an attorney-in-fact, or agent, shall be attached to the executed counterpart of the bond. If the bond(s) is executed by an out-of-state agent, the executed counterpart of the Bond(s) shall be countersigned by a licensed resident agent. 26 CITY OF MUSKEGO Staff Report to Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Request to waive groundwater separation requirements for a new home at W151 S8133 Harvest Court Date: May 13, 2015 The owner for a new home being constructed at W151 S8133 Harvest Court is requesting that the City allow the home to be constructed closer into the seasonal high ground water level than our codes require. Our code currently requires a separation of two feet from the seasonal high ground water elevation to the top of the basement floor. This is designed to prevent sump pumps from running continuously during high ground water times and to protect the homes basement from potential water infiltration. In this case, the owner is requesting that we allow the basement to be construced in the ground water per the attached letter. They have requested that their basement floor be at an elevation of 780.22 and the submitted report (attached) shows the seasonal high ground water at a 781.01. This property will not have sanitary sewer service so the risk to the sanitary system is not a consideration. If the Committee would like to allow a variance I would recommend that the basement footing be set no lower than 780.50 which would put the basement floor approximately 6 inches above the seasonal high groundwater. Recommendation for Action by Committee: Allow for a footing height no lower than 780.50 and that the sump pump be discharges to the adjacent wetland area to avoid wet ditch issues. Page 1 of 1 Dan and Laura Rindfleisch Variance-Form A: Ground water We are currently looking to build our home on the corner of Mystic and Harvest Court. We have been made aware that our lot could potentially have high ground water. Our builder has filled us in on what would need to be done in order to get our project approved. If you all would kindly here out some of the reasons my wife and I would wish to be considered for a variance. My wife’s parents gifted us the lot so that we would have an opportunity to build our home as the cost to purchase a lot and build a home are not feasible for us unfortunately. The reason I mention this is that we are already at our budget’s maximum and in order to get our home approved our builder is telling us this will cost us a minimum of $5-6K. This in my mind causes us a financial hardship as this is a rather large sum of money that we were not aware would be needed in order to continue with our building project. I understand the City is looking out for the homeowner but I have included a list of some precautions we as homeowners have taken in order to ensure we do not have issues with our basement. 1. We have spent an additional amount to backfill our foundation with stone within 1 foot of the top. 2. We are also only going to have an 8’ basement 3. We are already raising our home up 3 feet above grade level. 4. We will have a sump pump as well that will have a battery back-up. We want to just conclude with the point as well that my wife’s parents (Kim and Carol Gunther) built their home right next door and they are on lower ground then we are and have not had any issues with ground water. We also have neighbors (Brian and Gail James) that are a couple houses down that are in lower wet area and do not have issues either. I request you kindly consider us for a variance as this is a financial hardship for me and my wife and we have taken precautions to ensure we will be safe in the future. Thank you for your consideration, Dan and Laura Rindfleisch LETTER OF TRANSMITTAL LANDMARK ENGINEERING SCIENCES, INC. 119 Coolidge Avenue - Suite 100, Waukesha, WI 53186-6602 Telephone: 414-719-2769 Email: LandMark-Engineering@live.com To: C: Carl Korndoerfer Korndoerfer Homes 7900 Durand Avenue Sturtevant, Wisconsin 53177 Date: April 27, 2015 Project No.: 2295.00 Description: Soil Assessment -Residential Lot Lot 1 – CSM 10803 Muskego, Wisconsin WE ARE SENDING YOU the following items via: U. S. Mail Overnight Hand Deliver Other: Fax 9 pages E-Mail CarlK@korndoerferhomes.com Copies/Qty. Date Description 1 27 APR 2015 Form A - Seasonal High Groundwater Determination Report (with attachments) THESE ARE TRANSMITTED as checked: For Approval For Your Use For Review & Comment As Requested Other: Message: Attached is the Form A report summarizing the apparent seasonal high groundwater (SHGW) level for the referenced lot, as requested. Note that the most restrictive SHGW level reported only allows for a basement floor elevation of 783.26’ without requesting a variance from the City of Muskego. Even if a variance is later granted by the City, it will not allow for any basement floor elevation less than 782.26’ (Waukesha County ordinance requirements). If you have any questions or comments on the Form A, please call. Thank you. Copy to: file Signed: If enclosures are not as noted, kindly notify us at once. C:\Users\Asus\Documents\Landmark\2295 - Korndoerfer Homes (Muskego-Forma)\Form A - Seasonal High Groundwater.Docx Page 1 of 2 Waukesha County Land Resources Division Form A - Seasonal High Groundwater Determination Report Project/Plat Name: Lot 1 – CSM 10803, City of Muskego, Wisconsin Date: April 27, 2015 Project Location (TRSQ): Part of SE ¼ of NW ¼ SEC 14 T5N R20E, City of Muskego, Waukesha County The following table summarizes my interpretation of the soil profile evaluations conducted on the above noted site. The purpose of this report is to demonstrate compliance with a Waukesha County ordinance requirement to maintain basement floor elevations at least 1 foot above the seasonal high water table. I understand that the definition for seasonal high water table means the upper limit of the zone of soil saturation caused by underlying groundwater at its highest level. I certify that the information presented in this report represents my best professional judgment in estimating seasonal high water table based on soil and site evaluations in accordance with the procedures contained in Chapter SPS 385 Wisconsin Administrative Code. Interpreters Signature: _____________________________________ Interpreters Printed Name/Credentials/Lic. #: _Mark D. Augustine, PE #31414 Interpreters Company Name/Address: _LandMark Engineering Sciences, Inc., 119 Coolidge Avenue - Suite 100, Waukesha, Wisconsin 53186-6602 Site Benchmark/Elevation (Co. Stds.): _Elevation from Soil Evaluation Report information References: _1) Waukesha County GIS information, 2) survey information, and 2) Soil Evaluation Report dated 13JUL2010 Lot # Soil Observ. (#) Surface Elev. Bottom Elev. of Soil Profile Soil Map Unit Symbol (NRCS) Elevation of Seasonal High Water Table Proposed Basement Floor Elevation Notes: List information used to determine seasonal high water table, including any soil color pattern exemptions under SPS 385.30(3) for a basement floor proposed less than 3-foot above redoximorphic features shown in the referenced soil evaluation reports. 1 B8 782.26 780.59 MgA 781.01 >783.01 Low- and high-chroma redox indicators were observed within the test pit at 15” depth (elev.781.01). The seasonal high water table for basement design was determined to be at or below 15” depth (elev.781.01), per SPS 385.30(3)(a)5. Thus, a basement floor elevation >783.01 complies with City of of Muskego ordinance requirements for minimum 2’ separation between lowest floor and seasonal high water table elevations. 1 B10 782.35 779.85 MgA 780.60 >782.60 High-chroma redox indicators were observed within the test pit at 13” depth (elev.781.27). Low- and high-chroma redox indicators were observed at 21” depth (elev.780.60). Based on these redox features, the seasonal high water table for basement design was determined to be at or below 21” depth (elev.780.60), per SPS 385.30(3)(a)5. Thus, a basement floor elevation >782.60 complies with City of Muskego ordinance requirements for minimum 2’ separation between lowest Page 2 of 2 Waukesha County Land Resources Division floor and seasonal high water table elevations. 1 B11 782.59 780.51 MgA 781.26 >783.26 High-chroma redox indicators were observed within the test pit at 12” depth (elev.781.59). Low- and high-chroma redox indicators were observed at 16” depth (elev.781.26). Based on these redox features, the seasonal high water table for basement design was determined to be at or below 21” depth (elev.781.26), per SPS 385.30(3)(a)5. Thus, a basement floor elevation >783.26 complies with City of Muskego ordinance requirements for minimum 2’ separation between lowest floor and seasonal high water table elevations. USDA Soil Survey Feet0 Notes: 109.36 Lot 1 - CSM 10803 4/25/2015 The information and depictions herein are for informational purposes and Waukesha County specifically disclaims accuracy in this reproduction and specifically admonishes and advises that if specific and precise accuracy is required, the same should be determined by procurement of certified maps, surveys, plats, Flood Insurance Studies, or other official means. Waukesha County will not be responsible for any damages which result from third party use of the information and depictions herein, or for use which ignores this warning.Printed: Legend Soils Plats Assessor Plat CSM Condo Plat Subdivision Plat 0LOZDXNHHDQG:DXNHVKD&RXQWLHV:LVFRQVLQ 0J$²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taff Report to Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Discuss storm sewer on Lake Street/Wildwood Drive/Muskego Drive Date: May 13, 2015 As part of all road improvement projects the City examines all culvert and sewers that are below the roadway that is being improved. This prevents us from having to excavate a roadway shortly after it has been replaced. As part of our investigations along Muskego Drive we discovered a storm sewer that was not mapped. We utilized our televising equipment to attempt to locate and check the condition of the pipe. We have found that the majority of the pipe is in extremely poor condition or nearing complete failure. The picture below on the left shows a piece of pipe that is poor condition yet still acceptable. The picture on the right shows the condition of the majority of the pipe we inspected. As you can see it is crushed and near failure. In addition to this the pipe actually runs below a garage and for much of the distance is on private property. Since the discovery we have expedited survey work to attempt to come to a solution. The attached plan shows a solution that will reroute the sewer onto public right of way. City crews would be able to complete a portion of the work down by the lake and we could utilize a contractor to complete the deeper section under and near the roadway. Once completed, we could pave Muskego Drive and plan to build the remaining section of sewer as a project in 2016 once we have money budgeted to do so. Recommendation for Action by Committee: Recommend budgeting for replacement of the storm sewer from Little Muskego Lake to the east side of Muskego Drive with City crews and assistance from a contractor. Budget for the remaining portion of the sewer for replacement in 2016. Page 1 of 1